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HomeMy WebLinkAboutCC RESO 93-24RESOLUTION NO. 9 3- 2 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING A MAINTENANCE AND OPERATING AGREEMENT FOR THE MULTI -CULTURAL SERVICE CENTER WITH PACNC WHEREAS, the PACNC (Pilipino-American Community of National City) and the Community at large are in need of a place to hold events and programs of cultural significance; and WHEREAS, through the combined funding of the State of California, Community Development Block Grants, and Redevelopment Agency, the former Girls' Club at 1521 "C" Avenue has been rehabilitated to accommodate PACNC and other City - based groups; and WHEREAS, the City Council has named the building at 1521 "C" Avenue the "Multi -Cultural Service Center"; and WHEREAS, PACNC has agreed to take on the responsibilities of maintaining and operating the Multi -Cultural Service Center under the terms of a Maintenance and Operating Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council authorizes the Mayor to execute a Maintenance and Operating Agreement for the Multi -Cultural Service Center with PACNC. The original of said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 23rd day of February, 1993. ATTEST: (AL anAiv,-k Lori Anne Peoples, City Jerk APPROVED AS TO FO M: George H. Eiser, III City Attorney Georg . aters, Mayor MAINTENANCE AND OPERATING AGREEMENT This Maintenance and Operating Agreement, made and entered into this ig..3 day of 1993, by and between the City of National City, California, hereinafter designated as "City," and the Pilipino-American Community of National City, California, Incorporated, hereinafter designated as "Operator." RECITALS A. Operator is desirous of utilizing certain improved real property owned by City for the purpose of maintaining a Community Services Center thereon. A B. The use of said property for the purpose aforementioned will promote the general welfare of the inhabitants of the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. Premises. The real property which is the subject of this Agreement is situated in the City of National City, County of San Diego, State of California, and described in Exhibit "A," which is attached hereto and incorporat- ed herein by reference. 2. Duration. This Agreement shall be for a period of five (5) years from the date first above written. If, not later than one (1) year after the date first above written, and on each successive anniversary of the making of this Agreement, Operator is not then in default of this Agreement, Operator may Page 1 of 7 extend this Agreement for a five (5) year term, by giving written notification to City of Operator's election to extend. 3. Consideration. City and Operator acknowledge that the consideration for this Agreement shall be the mutual benefit to be derived from Operator's use and maintenance of a Community Services Center on the premises. 4. Use. The above -described premises are to be used by Operator for the purpose of maintaining a Community Services Center opening not earlier than 7:00 a.m. each day and closing at 4:00 p.m. on Monday, 10:00 p.m. on Sunday, Tuesday, Wednesday, and Thursday and Midnight on Friday and Saturday, and to be used exclusively and for no other purpose than to maintain said Community Services Center, to promote the physical, mental and moral well- being of the citizens of National City and the community in general of the City of National City and territory adjacent thereto and to provide such means of education and community services as may seem most likely and desirable for the accomplish- ment of the purposes herein set forth. Operator further understands that its use of the subject premises shall be nonexclusive to the extent that the Boys and Girls Club of National City shall have reasonable access to the leased facilities during the construction phase of the Boys and Girls Club's new facility to be constructed at 1430 "D" Avenue, such use to be subject to agreement between Operator and the Boys and Girls Club, and upon prior forty-eight (48) hours written notice to Operator. Page 2 of 7 Any other user of the premises must have the prior written approval of the City Council of City and must qualify under the Internal Revenue Code as a non-profit 501(c)(3) organization. 5. Improvements. Operator shall bear the entire expense arising by reason of any improvements it makes on the premises, and any improvements, and the operation and maintenance thereof, shall conform with all the requirements of laws of the State of California and the ordinances of the City of National City. Any permanent improvements shall require the advance written approval of City. 6. Maintenance and Repair. City shall not be liable for the repair or upkeep and/or maintenance of the premises including any improvements. Operator shall be responsible for all maintenance, including janitorial and repair, and the costs of all utilities on the premises except where there is joint use pursuant to Section 4 hereof, for which the Boys and Girls Club of National City shall pay its pro-rata share of any costs. Operator shall to the satisfaction of the City keep the premises in as good order, condition and repair as reasonable use and wear thereof will permit. 7. Insurance. Operator shall obtain and maintain, throughout the period of this Agreement, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Agreement. Page 3 of 7 This policy shall name City and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to City, its officers, agents and employees, so that any, other policies held by City shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to City of cancellation or material change. Prior to com- mencement of this Agreement, Operator shall furnish City a certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by City before this Agreement is signed. Operator shall keep the improvements located on the leased premises insured against loss or damage by fire in the amount of not less than eighty-five (85) percent of replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Operator shall maintain such insurance coverage for three (3) years after expiration of the term (and any extension) of this Agreement. If Operator does not keep an insurance policy in full force and effect at all times during the term of this Agreement, City may elect to treat the failure Page 4 of 7 to maintain the requisite insurance as a breach of contract and terminate this Agreement forthwith. Insurance provisions of this Agreement may be reviewed by City every five (5) years, and the required coverages increased as deemed necessary by City. 8. Inspection. City, by and through its proper officers, reserves and shall always have the right to enter the premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 9. Termination. Nothwithstanding the provisions of Section 2, either City or Operator may terminate this Agreement, or any extension thereof, without cause, upon ninety (90) days' written notice to the other party. 10. Removal of Improvements. It is further agreed between the parties that at the termination or expiration of this Agreement or any renewal thereof, Operator shall, within thirty (30) days of written request by City, remove any and all personal property placed or erected on the premises, during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by Operator. City shall have the right to sell, destroy, remove, or otherwise dispose of any such personal property left on the premises longer than thirty (30) days after termination of this Agreement. Page 5 of 7 11. Non -Discrimination. Operator agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, ancestry, marital status, physical handicap, or medical condition, in the use, occupancy, or enjoyment of the premises, nor shall Operator, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of users in the premises. Operator shall, for the purpose of promoting the interests of National City residents, insure that at least 80% of its governing board and membership shall be National City residents. 12. Waiver. The failure or omission of City to terminate this Agreement for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by City to such violation and shall in no way bar, stop or prevent City from terminating this Agreement thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 13. Signs. Operator agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the premises except to be of such type and color, size and style, and in such place as may be approved by the City Council. 14. Taxes. Operator recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that Page 6 of 7 Operator may be subject to the payment of property taxes levied on such interest. Operator further agrees to pay any and all property taxes, if any, assessed during the term of this Agreement pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Operator's possessory interest in the premises. 15. Prohibited Activities of Operator. It is specifically prohibited for Operator to sponsor, engage in or permit any of the following activities upon the premises: a) Bingo b) Consumption of alcoholic beverages, unless prior written approval of the City Council and State Department of Alcoholic Beverage Control is first obtained. c) Scheduling of events on Monday evenings (after 4:00 p.m.) CITY OF NATIONAL CITY By: Georg6`H. Waters, Mayor PILIPINO-AMERICAN COMMUNITY OF NATIONAL CITY, INCORPORATED By: L. Page 7of7